Privacy Policy of Living Well

I. GENERAL INFORMATION

This privacy policy describes the types of information that Prosoma Inc. (“Company”, “Prosoma”, “we” or “us”) may collect from you (the “User” or “you”) or that you may provide when you use our application Living Well (the “App”) including any content, functionality, and services offered on or through the App. The policy also covers the information we collect in email, text, and other electronic messages between you and Prosoma and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Any capitalized yet undefined terms have the meaning assigned to them in the Terms of Use available at www.livingwellapp.com and www.prosoma.com.

Prosoma attaches great importance to the protection of the privacy and confidentiality of Personal Information of the App users, and therefore selects and applies appropriate technical and organizational measures to ensure the protection of Personal Information collected. Prosoma secures Personal Information against their disclosure to unauthorized persons, as well as against their processing in violation of applicable law.

Should you have any questions concerning the processing of Personal Information by Prosoma, you may contact us by sending an e-mail to [email protected].

II. COLLECTED INFORMATION

Personal Information
‍The use of the App requires logging into the individual user account. In order to create an individual user account, it is necessary to enter a random access code generated by Prosoma. To receive the code and use the App, enter a contest, take part in research, poll, testing, promotion, or report a problem with the App, you may be asked to provide certain personal information, and in such cases, we will collect the information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“Personal Information”).

We will also collect records and copies of your correspondence if you contact us as well as your responses to surveys that we might ask you to complete for research purposes.

‍Personal Health Data
‍Within the App, Prosoma processes the information entered by you that is about your physiological, or mental condition, including stress levels, emotion levels, age, treatment stage, your answers to posed questions, your notes made within the App, as well as your feedback with regard to the App, which may indirectly enable Prosoma to identify you (the “Personal Health Information”).

Technical Information
‍Prosoma may also process certain information provided by your mobile device and, therefore process data about your activity within the App, such as the number of interactions with each feature, time spent within the App, the date and time of use of the App, technical information about the device, the model, specifications, screen dimensions, the ID number and IP address of this device, its location, the operating system, and its version, as well as crash data (the “Technical Information” and together with Personal Information and Personal Health Information – the “User Information”).

In order to guarantee a better functionality of the App, we have integrated solutions such as Mixpanel and App Center, which collect statistical data but will not collect Personal Information or Personal Health Information.

III. PURPOSE

The Personal Information and Personal Health Information will be processed solely to provide and improve the Services and to enable the current use of the App. It will not be sold to a third party for marketing purposes.

Technical Information is collected and may be used for statistical and diagnostic purposes in order to improve the quality of the Services and features available within the App.

User Information may be used to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, to notify you about changes to the App or any products or services we offer or provide through the App, or for any other purpose that we may describe when you provide the information.

Backup

The User Information is also stored on the application server hosted by Prosoma for backup purposes.

IV. RETENTION

User Information will be retained for the entire period of using the App until the consent is withdrawn and/or your account is deleted, unless further processing is necessary for the performance of an obligation imposed on Prosoma by law and retained until the fulfillment of this obligation. You may at any time withdraw your consent to the processing of your User Information and in such case, Prosoma will delete the account together with all User Information collected.

Personal Information processed to respond to your inquiry will be retained for the period necessary to complete the inquiry. If specific messages may constitute or constitute evidence in any proceeding before a court or other authority, they will be kept until the end of the limitation period for any claims or until the final termination of the proceeding, if initiated, whichever is the later.

The information necessary to prove that you consented to the processing of User Information for a specific purpose will be retained for a period of 5 years from the date of the deletion of that User Information or longer, if required so by the law.

V. DISCLOSURE

We may disclose aggregated User Information in a form that does not identify you without restriction to third entities.

We may disclose User Information that we collect, or you provide as described in this privacy policy:

1. To your attending physician if the use of the App was prescribed as a part of your treatment,
2. To our subsidiaries and affiliates,
3. To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep User Information confidential and use it only for the purposes for which we disclose it to them,
4. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Prosoma’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which User Information held by Prosoma about the App users is among the assets transferred,
5. To fulfill the purpose for which you provide it,
6. To comply with any court order, law, or legal process, including responding to any government or regulatory request,
7. To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes,
8. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction,
9. For any other purpose disclosed by us when you provide the information,
10. With your consent.

We may access, preserve and disclose your User Information if we believe doing so is required or appropriate, in our sole discretion, to: (i) comply with any applicable law, regulation, legal process, or government agency request (such as a court order or subpoena), or otherwise cooperate with any law enforcement or government agency; (ii) take precautions against liability claims; (iii) protect your, our, or any third party’s rights, property, or safety; (iv) investigate or defend ourselves against any third-party claim or allegation; and (v) protect the security and integrity of the Website.

Prosoma has access to the user account and any data collected within the App. All User Information processed by Prosoma is accessible only to authorized employees or associates of Prosoma and to external entities providing individual services to Prosoma, which are related to the service of the App, who were entrusted with these data and who were obliged to keep confidential any User Information to which they have access.

User Information is made available to entities authorized to receive them as required under applicable law, including, depending on the circumstances, relevant state authorities, or the attending physician.

VI. YOUR RIGHTS

You have the following rights to request:

1. access to the content of User Information,
2. correction of your User Information,
3. modification of your User Information,
4. limitation of the processing of your User Information,
5. suspension of the processing of your User Information,
6. deletion of your User Information.

If you make any of the requests above, Prosoma will immediately take action to fulfill your request, subject to the obligations Prosoma may have under the applicable law.

In order to exercise the abovementioned rights, you can contact Prosoma by e-mail at [email protected], or by correspondence to the following address:

Prosoma sp. z o.o.
ul. Swarożyca 15/171-601,
Szczecin, Poland

VII. DATA SECURITY

We make commercially reasonable efforts to protect the information you provide to us by using physical and electronic safeguards designed to protect the integrity and security of personal information. We take all commercially reasonable precautions to protect the information you provide to us from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, as no electronic transmission or storage of information is entirely secure, we make no guarantees as to the security or privacy of the information you provide to us.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal information transmitted to the App. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the App.

VIII. CHILDREN INFORMATION

Prosoma declares that it will not knowingly collect and process User Information from individuals under 18 years of age without obtaining permission from their parents or other legal representatives.

If you are under 18, do not use or provide any information on the App or through any of its features, register on the App, or provide any information about yourself to us.

In the event that Prosoma receives information that he has unknowingly obtained User Information of persons under 18 years of age, Prosoma undertakes to immediately take measures to stop data processing and delete them.

IX. FINAL REMARKS

This privacy policy may change due to the technological development of the App and the modification of existing data protection standards. Therefore, Prosoma undertakes to periodically and regularly verify the Policy in order to introduce the most current regulations, both legal and technological. You will be informed of any changes via the provided email or any other channel of communication reasonably accessible to Prosoma.

In case of any doubts as to the content of this privacy policy, please contact us at [email protected] or by correspondence to the following address: Prosoma sp. z o.o. ul. Swarożyca 15/171-601, Szczecin, Poland.